Opinion
May, 1928.
Present — Hubbs, P.J., Clark, Sears, Taylor and Sawyer, JJ. [See 128 Misc. 695.]
Judgment reversed on the law, with costs, conclusions of law disapproved and new conclusions made, and judgment directed for plaintiff, with costs, upon the authority of Old Colony Trust Co. v. Stumpel ( 247 N.Y. 538). All concur.